• Implications of buying property where a co-owner has expired

Hi, 
Can you please suggest if there are any implications in buying a property where one of the co-owners has expired and his will is not probated .
- The property is in Pune Jurisdiction
- It is co-owned by 3 family members
- one of the family member(uncle) has expired few months back . He has willed his share of the property to his nephew ( husband of of one of the co-owners) . However the will is not probated.
- the nephew has no objections in selling the property .

From the buyers point of view is it advisable to purchase this property? Also, if there are any implications that may arise in the future due to will not being probated. Kindly advise .
Asked 2 years ago in Property Law from Pune, Maharashtra
1. The property can be purchased even if one of the co-owners is deed and Will is nor probated.
2. in that event you have to make all the legal heirs of the deceased co-owners including the nephew party to the deed.If they join as confirming party, that will also do
3. if all of then join in the deed of sale then you can safely proceed to buy this property. Once they join as conforming party then in future they can not raise any dispute.
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
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1) was uncle married? who are his legal heirs please clarify . 

2) since was one of the co owners on his demise his wife and children would be the legal heirs if he had died intestate . 

3) you have stated that uncle has willed his property to his nephew by a will 

4) always advisable to obtain probate of will so that tomorrow none of the legal heirs claim share in the property . . 

5) although probate is not mandatory in case you approach bank of loan bank will insist before sanction of any loan for probate of the will so that tomorrow there are no challenges for sale of the property .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
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Hello,
1) You can purchase the property even if the will bequeathing portion of it had not been probated provided the beneficiary of the will and all legal heirs sign as confirming parties in the same deed.

2) However, it would be advisable to get them to probate the will so that there is no future problems arising out of shares raised by legal heirs.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1) if uncle was a bachelor and his legal heir is only nephew then you wont need probate of will . 

2) first  mutation of property should be done of uncle share in favour of nephew . copy of the will and death certificate should be enclosed . 

3) then nephew his wife and daughter can sell the property to you 

4) i presume nephew daughter is not  a  minor . if she is minor court consent would be necessary to sell her share .
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
1. your narration shows that uncle had only nephew and his wife as legal heir, so probate  is not necessary .
2.The sale deed has to  be signed by all three as the three, nephew, wife an daughter(if she is  a major, in case she is minor either of ther parents can sign on her behalf ) have the title in the property.
3. If nephew's daughter is minor s court order has to be obtained to sell the minor's portion.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
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1. Although probate is not required if the only legal heirs of the uncle are his nephew (in whose favour the will has been made) and nephew's wife, but to obviate the possibility of a future challenge to the sale in favour of the prospective purchaser the probate should be obtained. 

2. In property matters one should not take anything for granted.

3. After probate is obtained you can safely purchase the property.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
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1. It is not advisable to buy the share of the property which has been willed and the will has not yet been probated,

2. If the said uncle is married and/or some claims as his legal heirs, the sale deed executed in your favour can be challenged before the Court,

3. If all the legal heirs of the deceased Uncle execute the sale deed duly sppressing the existance of the Will, then the said sale deed in your favour will be valid.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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1. It will be advisable to get the will probated first,

2. However, probate application will take a long time to be disposed of,

3. The sale deed will be valid if it is executed by all the legal heirs of the deceased Uncle alongwith other joint title holders of the property duly suppressing the existance of the Will.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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